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Q86 (IAS/2020) Polity & Governance › Preamble, Union & Territory, Citizenship › Preamble legal status Official Key

The Preamble to the Constitution of India is

Result
Your answer: —  ·  Correct: D
Explanation

The correct answer is Option 4. The legal status of the Preamble has evolved through landmark Supreme Court judgments, specifically the Kesavananda Bharati case (1973), which overruled the Berubari Union case to declare that the Preamble is indeed a part of the Constitution.

However, its legal effect is nuanced:

  • Non-justiciable: Like the Directive Principles, the Preamble is non-enforceable in a court of law. It is neither a source of power for the legislature nor a prohibition upon its powers.
  • Interpretative Role: While it has no independent legal effect (making Option 3 incorrect), it serves as a "key to the minds of the makers." It is used to clarify ambiguous provisions of the Constitution.

Therefore, while it is an integral part of the constitutional framework, it functions only in tandem with other specific articles to provide context and purpose, validating Option 4.

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Don’t just practise – reverse-engineer the question. This panel shows where this PYQ came from (books / web), how the examiner broke it into hidden statements, and which nearby micro-concepts you were supposed to learn from it. Treat it like an autopsy of the question: what might have triggered it, which exact lines in the book matter, and what linked ideas you should carry forward to future questions.
Q. The Preamble to the Constitution of India is [A] a part of the Constitution but has no legal effect [B] not a part of the Constitution …
At a glance
Origin: Mixed / unclear origin Fairness: Moderate fairness Books / CA: 7.5/10 · 0/10
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This is a classic 'Laxmikanth Sitter' but with a twist of legal nuance. It tests not just the binary fact (Is it a part? Yes/No) but the *consequence* of that status. The trap lies in distinguishing between 'no legal effect' (Option A) and 'no independent legal effect' (Option D).

How this question is built

This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.

Statement 1
Is the Preamble to the Constitution of India a part of the Constitution and does it have no legal effect?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 5: Preamble of the Constitution > 1 AMENDABILITY OF l THE PREAMBLE > p. 48
Presence: 5/5
“The question as to whether the Preamble can be amended under Article 368 of the Constitution arose for the first time in the historic KesavoluN case (1973). It was urged that the Preamble cannot be amended as it is not a part of the Constitution. The petitioner contended that the amending power in Article 368 cannot be used to destroy or damage the basic elements or the fundamental features of the Constitution, which are enshrined in the Preamble. The Supreme Court, however, held that the Preamble is a part of the Constitution. The Court stated that the opinion tendered by it in the Berubari Union (1960) in this regard was wrong, and held that the Preamble can be amended, subject to the condition that no amendment is done to the 'basic features'.”
Why this source?
  • Directly records the Kesavananda Bharati (1973) decision that the Preamble is a part of the Constitution.
  • States the Court overruled its earlier view and held the Preamble can be amended (implying constitutional status).
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 3: THE PHILOSOPHY OF THE CONSTITUTION > EVERY Constitution has a philosophy of its own. > p. 22
Presence: 4/5
“The importance and utility of the Preamble has been pointed out in several decisions of our Supreme Court. Though, by itself, it is not enforceable in a court of law,<sup>3</sup> the Preamble to a written Constitution states the objects which the Constitution seeks to establish and promote and also aids the legal interpretation of the Constitution where the language is found to be ambiguous. The Preamble to our Constitution serves, two purposes: • (a) it indicates the source from which the Constitution derives its authority;• (b) it also states the objects which the Constitution seeks to establish and promote. As has been already explained, the Constitution of India, unlike the preceding Government of India Acts, is not a gift of the British.”
Why this source?
  • Expressly says the Preamble is not enforceable in a court of law (i.e., not independently justiciable).
  • Also describes the Preamble as stating objectives and aiding interpretation, distinguishing enforceability from interpretative role.
Statement analysis

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Statement analysis

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Statement analysis

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SIMILAR QUESTIONS

NDA-II · 2012 · Q59 Relevance score: 6.91

Which of the following statement(s) regarding the Preamble of the Constitution of India is/are correct? 1. The Preamble is an integral part of the Constitution. 2. The words ‘Secular’ and ‘Socialist’ have been a part of the Preamble since its inception Select the correct answer using the codes given below

CAPF · 2021 · Q73 Relevance score: 6.70

Which one of the following statements with regard to the Preamble to the Constitution of India is not correct?

IAS · 1994 · Q23 Relevance score: 6.45

The basic structure theory of the Constitution of India implies that

NDA-I · 2021 · Q8 Relevance score: 6.08

With regard to the Constitution of India, which of the following statements is not correct?

CDS-I · 2017 · Q116 Relevance score: 6.02

Which of the following statements is/are correct regarding the Preamble of the Indian Constitution? 1. The Preamble by itself is not enforceable in a Court of Law. 2. The Preamble states the objectives which the Constitution seeks to establish and promote. 3. The Preamble indicates the source from which the Constitution derives its authority. Select the correct answer using the code given below.